17-7-17.13 Itinerant merchants.
The city shall not issue a business license for an itinerant merchant unless the following general and applicable specific criteria are demonstrated as part of the business license application:
A. General Itinerant Merchant Criteria.
1. Location on Private Property. The business and any activity associated therewith must be located on private property and only as a secondary use to another primary commercial use. The business shall not be located on public property (including public sidewalks, public streets, public parking areas or other public places as defined by the city) or on vacant or residentially used property, regardless of the zoning district.
2. Impervious Surface. The business must be located on a hard surface with no portion of the business located in a landscaped or non-improved area.
3. Setbacks. The business must be located a minimum of ten feet behind the inside edge of the public sidewalk (or fifteen feet from the edge of the road right-of-way if no sidewalk exists); five feet from combustible walls, roof eave lines, awnings, etc.; ten feet from any building openings (i.e., doors, windows, vents, etc.); and five feet from a fire hydrant, driveway, handicapped parking space and loading area.
4. Lease. There must be a valid lease or written permission from the private property owner expressly allowing the use of property for the business that is the subject of this section. The merchant shall demonstrate the ability to utilize an existing restroom facility on or nearby the property.
5. Traffic Safety. The business location shall not impede auto and/or pedestrian traffic or create auto/pedestrian conflicts. Private sidewalk clear widths shall not be reduced below five feet and the itinerant business shall not interfere with the internal parking lot circulation.
6. Parking. The site must have adequate parking to accommodate the primary use(s) on site as well as any area used by the itinerant business. No part of the itinerant merchant business shall occupy required parking stalls for the primary use(s).
7. Power. All electrical wiring must be in compliance with the National Electrical Code and approved by the Midvale City Building Department. Extension cords and generators are prohibited.
8. Temporary Only. All aspects of the business shall be temporary in nature with no permanent facilities constructed on site, with the exception of the required permanent power source.
9. Maintenance. The area around the business shall be kept clean and orderly. A trash receptacle shall be provided for patrons. The merchant is responsible to clean up all trash, litter, spills, etc., within a minimum twenty-foot radius of the business.
10. Business Conduct. The business may not solicit or conduct business with persons in motor vehicles or use any flashing lights, noise, sound or other motion-producing devices to attract attention to its operation.
11. Regulatory Compliance. All applicable local and state regulations (i.e., food permit, tax numbers, registration, etc.) shall be met.
12. Business License. All requirements of Chapter 5.14 of the Midvale Municipal Code shall be met.
13. Site Plan. A site plan, drawn to scale, showing the exact location of the itinerant merchant (including all components of the business) with setbacks to buildings, sidewalks, roadways, driveways, parking, fire hydrants, and other important features shall be provided. A photograph or illustration showing components of the business, including cart and awning dimensions, trash receptacles, coolers, signage, electrical plans, etc., shall be provided, as well as other information required to show compliance with the applicable requirements contained herein.
B. Specific Itinerant Merchant Criteria.
1. Vending Cart. Each business license application for a vending cart must comply with the following:
a. There shall be a minimum separation of one thousand three hundred twenty feet between all vending cart locations. This separation shall be measured as a radius in all directions, with the vending cart location being the center point.
b. The vending cart must be located no closer than thirty feet from a single family residential zone.
c. Any vending cart selling food items shall not be located within two hundred feet of the primary public entrance of an existing restaurant use. The exception to this is an existing restaurant is allowed to operate a vending cart within this area, provided all other provisions of this section are satisfied.
d. A minimum of two on-site parking stalls are required for the vending cart use. One of these stalls shall be dedicated for the use of the itinerant merchant’s patrons; the other for a business employee.
e. The vending cart shall be constructed of surface materials that are primarily stainless steel and in accordance with the Salt Lake Valley Health Department regulations. Transparent, plastic sides may be extended above the cart’s preparation/counter surface, provided these sides do not extend beyond the width or length of the cart and three feet above the preparation/counter surface, if it is kept clean, and is free of signage and other attachments. The vending cart shall not exceed a width of four feet and a length of six feet (a hitch may extend a maximum of two feet beyond the length of the cart). The maximum height of the vending cart, excluding canopies or umbrellas, shall be five feet. A vending cart may include a built in canopy provided it does not extend more than three feet beyond the width of the cart on each side and any extension beyond the cart width is a minimum of seven feet above the parking lot surface. This canopy shall be an earthtone color; a stainless steel canopy is acceptable.
f. The vendor shall be limited to three stacked coolers (each cooler shall not exceed three and three-quarters square feet in size), one trash receptacle, one chair, and a freestanding umbrella (not to exceed a six-foot diameter) external to the vending cart. All other freestanding devices, i.e., signs, propane tanks, tables, racks, customer seating, overhead structures (i.e., tarps, enclosures, canopy extensions), etc., are prohibited. The freestanding umbrella shall be an earthtone color, and, if extending beyond the front and side edges of the cart, must be a minimum of seven feet above the parking lot surface.
g. Signage shall be attached to the vending cart and occupy no more than four square feet on the street-facing side of the cart. Signs shall not be internally illuminated or make use of flashing or intermittent lighting or animation devices. Pennants, streamers, lawn banners and other temporary signs are prohibited.
h. A portable fire extinguisher, Type 2A-10 BC minimum, must be mounted within easy reach on the vending cart.
i. All aspects of the business shall be moved on and off the premises each day of operation. No overnight parking or outdoor storage is allowed. Any vending cart selling food items must be cleaned and stored at a commissary approved by the Salt Lake Valley health department.
j. The vending cart and all related business items shall be maintained in good condition and repair at all times.
k. The business shall not be conducted before six a.m. and after ten p.m.
2. Seasonal Produce Stand. Each business license application for a seasonal produce stand must comply with the following:
a. One produce stand business shall be permitted on each parcel of private property.
b. A minimum of three on-site parking stalls are required for the produce stand use. Two of these stalls shall be dedicated for the use of the itinerant merchant’s patrons; the other for a business employee.
c. The business shall sell fresh fruits and vegetables only; merchandise and nonperishable food items are not allowed.
d. Produce shall be displayed under a tent, awning or canopy. This structure shall be an earthtone color and have a maximum size of one hundred square feet.
e. Signage must be attached to the tent, awning or canopy and shall not exceed ten square feet on each side of the structure. One A-frame sign complying with the city’s A-frame sign standards may be utilized. No flashing or animated lights or searchlights may be used. No off-site signage is allowed, including within the public right-of-way.
f. The produce stand and all related business items shall be maintained in good condition and repair at all times.
g. All aspects of the business shall be moved on and off the premises each day of operation. No overnight parking or outdoor storage is allowed.
h. Produce stands can be operated between June 1st and October 31st each year.
i. The business shall not be conducted before ten a.m. and after ten p.m. (Ord. 2017-04 § 1 (Att. A (part)))